I am still incarcerated. What is the legal process for getting released from federal prison onto federal parole?

There are several steps you will follow in planning for your release from federal prison onto federal parole. These will include creating a release plan, creating a plan for payment of restitution and fines, investigation of your plan, and release. Please see the Appendix II, PG. 326 to find out more.

Release Plan

Once you have a release date from the U.S. Parole Commission (USPC), you must complete a satisfactory plan for parole supervision to actually get released. If the release plan is NOT approved, your release may be delayed regardless of the date the USPC had set when it first granted your parole.

The Regional Commissioner of the USPC may change your date of release (earlier or later) onto parole to allow more time for release planning. At most, the Regional Commissioner can delay your release onto parole for 120 days; otherwise, you have the right to a hearing if the Regional Commissioner wants to push back your release date more than 120 days.[1022]

Generally, you are required to have the following included in your release plan:

    Availability of legitimate employment;
    An approved residence for the prospective parolee; and
    Availability of necessary aftercare if you are ill or will require special care.[1023]

Unpaid Fines & Restitution

Your release onto parole might also be delayed if you still owe court-ordered fines or restitution.[1024] When you still have fines or restitution to pay, a reasonable plan for payment, or a performance of services, if ordered by the court, will be included in your parole release plan, where feasible.[1025]

Investigation Phase

Your U.S. Probation Officer will do an investigation to make sure that the person’s release plan is appropriate. This investigation will start with the probation officer asking you questions about your release plan. The probation officer will then follow up and verify your answers. For example, if you told the probation officer that your approved residence did not have any persons with a felony record, the probation officer will follow-up to make sure this is true.

Release

After the Parole Commission approves your release plan, and a U.S. Probation Officer completes an investigation, you will be released on the date set by the Parole Commission (unless there is misconduct or some other reason leading to a change in the date).

  1. 1022

    28 C.F.R. § 2.28.

  2. 1023

    28 C.F.R. § 2.33(a)(2).

  3. 1024

    28 C.F.R. § 2.7.

  4. 1025

    28 C.F.R. § 2.33.